Created by Fuzzy Cloud

Patna High Court

Dilip Mahto @ Dileep MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

Dilip Mahto applied for bail in a case (Ballia PS Case No. 495 of 2025) involving alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act and Sections 317(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, where 136.80 litres of liquor were recovered from a car. The prosecution alleged his involvement, while the petitioner contended that he had no possession of the liquor, no connection with the vehicle, and that no incriminating material was found on him. He has been in custody since 22‑12‑2025 and possesses two prior criminal antecedents, but the State failed to demonstrate compliance with Section 103 of the BNSS. The State opposed bail, yet the court noted the petitioner’s lack of direct involvement and the period already spent in custody. Consequently, the court granted bail on condition of a Rs.15,000 bond with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner under the Bihar Prohibition and Excise Act and the Bharatiya Nyaya Sanhita given the nature of the alleged offence.
  • Whether the requirements of Section 103 of the Bharatiya Nyaya Sanhita, 2023, have been satisfied for bail.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • liquor seizure
  • Indian criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.8744 of 2026
                       Arising Out of PS. Case No.-495 Year-2025 Thana- BALIYA District- Begusarai
                 ======================================================
                 Dilip Mahto @ Dileep Mahto S/o Ram Sagun Mahto @ Ramsugan Mahto
                 R/o Village- Malpur Khataye Ward No.08, P.S- Dalsinghsarai, Dist-
                 Samastipur.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :        Mr. Bishweshwar Ram, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   04-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with Ballia

                   PS Case No. 495 of 2025 instituted for the offences under

                   Section/s 30(a) of the Bihar Prohibition and Excise Act and

                   Sections 317(5) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                           3.       The prosecution case, in short, is that 136.80 liters

                   liquor was recovered from car.

                           4.       Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. It is submitted
           Patna High Court CR. MISC. No.8744 of 2026(2) dt.04-02-2026
                                                       2/2




                     that petitioner has got no concern with the car in question. The

                     petitioner is in custody since 22.12.2025 and has got two

                     criminal antecedent/s. There is no compliance of Section 103 of

                     the BNSS, 2023. Other co-accused has been granted bail by this

                     Court vide order dated 16.12.2025, passed in Cr. Misc. No.

                     86989 of 2025.

                            5.       Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner.

                            6.       Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                            7.       Let the petitioner be released on bail on furnishing

                     bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Ballia PS Case No.

                     495 of 2025.


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.